National

Gyanvapi case: HC seeks ASI affidavit on conducting carbon dating of โ€˜Shivlingโ€™

Gyanvapi

Allahabad High Court on Monday asked the Archeological Survey of India (ASI) to file an affidavit on whether the โ€˜carbon datingโ€™ of the purported โ€˜Shivlingโ€™ found inside the premises of the Gyanvapi Mosque, can be conducted without defacing its shape.
The High Court directed the ASI to file its affidavit on the next date of hearing โ€” November 30. The HC was hearing a review petition filed by Lakshmi Devi and three others, challenging the Varanasi district courtโ€™s order of a โ€˜scientific surveyโ€™ of the purported Shivling, which is claimed to be a part of the fountain of the wazu khana by the mosque management.
In its order on Monday, the single-bench of Justice JJ Muneer asked the ASI to confirm if โ€˜carbon datingโ€™, a method to determine an objectโ€™s age, can be conducted without defacing the purported Shivling.
โ€œThe subordinate court has rejected the application for conducting a scientific survey in view of the status quo order issued by the Supreme Court. Apprehension has been expressed that carbon dating may damage the alleged Shivling,โ€ the bench stated, adding that it was necessary to determine the age of the โ€˜Shivlingโ€™ without deforming its shape.
The counsel for the petitioners, Advocate Vishnu Shankar Jain, said only a scientific survey (carbon dating) can bring forth correct information on the โ€˜Shivlingโ€™ found in the Gyanvapi mosque complex, along with other religious items.
It will also establish beyond any reasonable doubt how old the โ€˜Shivlingโ€™ and other idols found there are, the counsel for the petition further submitted.
Earlier, the petitioners had filed an application in the district court, Varanasi seeking a scientific survey of the Gyanvapi Masjid complex.
The court, however, rejected the plea on October 14 saying that doing so could damage the structure.
The single-bench of the Allahabad HC on Monday also directed the principal secretary of the Department of Religious Affairs, Uttar Pradesh, to file an affidavit on the governmentโ€™s position or stand in the matter on the next date of hearing โ€” November 30.
The chief standing counsel of the state government, Pancham Bipin Bihari Pandey, was directed to clarify the governmentโ€™s stand by filing an affidavit on behalf of the principal secretary, Department of Religious Affairs, UP.
Advocate Manoj Singh, appearing for the Union government, had sought three monthsโ€™ time to clarify its position on the matter. However, the court directed that an affidavit is to be filed by November 30.

 

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

Dear Readers,
As an independent media platform, we do not take advertisements from governments and corporate houses. It is you, our readers, who have supported us on our journey to do honest and unbiased journalism. Please contribute, so that we can continue to do the same in future.
Some error occurred

Related posts

National

Northeast Delhi violence: Delhi HC to hear bail pleas in larger conspiracy case lodged under UAPA

ANI

The Delhi High Court on Monday decided to hear several bail pleas in a larger conspiracy case lodged under the Unlawful Activities Prevention Act (UAPA) related to North East Delhi riots. The special bench said that it will hear the matters daily post-lunch from next week.
The special bench on October 15 dismissed the appeal of Umar Khalid against the trial court order denying bail to him. A special bench comprising Justices Siddharth Mridul and Rajanish Bhatnagar decided to hear bail pleas of the accused in a larger conspiracy related to the North East Delhi riots of 2020.
The bench said that it will hear Abdul Khalid Saifiโ€™s bail plea today and Friday. The Bench will hear the matters every day post-lunch from next week.
The High Court on Friday adjourned the appeals challenging the bail denial in the larger conspiracy case.
The appeals have been filed by Abdul Khalid Saifi, Meeran Haider, Gulfisa Fatima, Saleem Khan, Shifa Ur Rehman and Sharjeel Imam. Umar Khalidโ€™s appeal has been rejected. One appeal has been preferred by the State against the order granting bail to Ishrat Jahan.
Senior advocate Rebecca John submitted that there were WhatsApp groups. In the CAB team, there was an Indian pledge and that was not seditious at all. There was not a call for a โ€˜Chakka Jaamโ€™.
She also argued that the trial court order suffers infirmity as it fails to appreciate the material facts.
Now the matter is likely to be heard on Friday.
The bench on Friday had said that they will take a call that they will hear all appeals. As this would take a lot of time to conclude all these.
The bench was dealing with the appeal filed by Abdul Khalid Saifi against the order of the Karkardooma Court refusing him bail.
Justice Mridul said, โ€œWe never heard any of these appeals earlier. This is a special bench and we never heard any of these. We canโ€™t conclude these appeals by hearing them only on Friday post lunch.We will take a call whether these appeals would be heard by this special bench. In order to conclude the hearing will have to devote some time every day. We will take a call on this.โ€
Justice Mridul was informed that the appeal filed by Sharjeel Imam is also pending before the court. He said that they never heard the appeal on behalf of Sharjeel Imam.
The Delhi High courtโ€™s other bench on July 11 transferred the bail matter of Khalid Saifi, an accused in a larger conspiracy case of North East Delhi riots, before the special bench hearing the connected bail matters.
Advocate Rajat Kumar, counsel for the petitioner, submitted that it is an appeal against the trial court order in a riot-related matter and other connected matters are pending before the special bench. So this matter should be listed before the same bench.
The High Court on May 9, 2022, issued notice to the Government of NCT Delhi on an appeal of Khalid Saifi, an accused in a larger conspiracy connected with the northeast Delhi violence challenging a trial court order refused bail to him.
Saifi was booked under UAPA by the Delhi Police. It was alleged that Abdul Khalid Saifi was one of the main organizers of the Khureji Protest site which was near Badi Masjid in the Khureji area.
The Division Bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar on May 9, 2022, had issued notice to the Government of NCT Delhi and listed the matter for July 11, 2022. Then the bench was changed and the matter had listed before another bench.
Earlier Trial Courtโ€™s Additional Sessions Judge Amitabh Rawat dismissed the bail plea saying, โ€ I am of the opinion that allegation against the accused Khalid Saifi is prima facie true.
Senior Advocate Rebecca John, counsel for the accused had argued that the accused Abdul Khalid Saifi has been falsely implicated in this case and the entire case of the prosecution is unsubstantiated without any evidence to link with the communal riots of 2020.
It was also argued that the accused is a businessman by profession and runs a travel agency. He is also a social activist. There is no evidence on record to suggest that the accused gave any provocative speech so as to instigate anyone to commit any act of violence.
Senior Advocate had argued that the reliance of the prosecution on a WhatsApp group called DPSG would show the peripheral participation of the accused in the said group. Nothing in the group or in the accusedโ€™s participation in the group is suggestive of any criminal conspiracy.
Counsel for the accused further argued that as per the prosecution, funding was provided to him between December 2019 and 26 February 2020 for orchestrating riots in Delhi. It was argued that the accused was receiving money from Naseef Abdul Kareem in his NGO bank account not just in 2020 but since 2018. The statement of Abdul Majid, a Trustee of the New Education Welfare Organisation, NGO, is inherently false.
On the other hand, opposing the bail the Special Public Prosecutor (SPP) Amit Prasad had argued that there is sufficient material on record to establish that the accusation against the accused Khalid Saifi is prima facie true and hence the bail application may be dismissed.
SPP Amit Prasad had submitted that Khalid Saifi was a member of the Whatsapp group DPSG, CAB Team and United Against Hate (UAH) Okhla. Khalid Saifi also attended a meeting at 6/6 Jangpura, Bhogal, Delhi on 8 December 2019 attended by Umar Khalid, Sharjeel Imam, Meeran Haider and others. He also attended the meeting on 26 December 2019 at Indian Social Institute, Lodhi Colony, Delhi after which DPSG was created on 28 December 2019.
According to the statement, on 8 January 2020, a meeting between Umar Khalid, Tahir Hussain, and Khalid Saifi took place at the PFI office, Shaheen Bagh, Delhi.
In northeast Delhi, large-scale violence broke out in February 2020. In this violence, 53 people died and hundreds were injured according to the police.

 

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

Related posts

News Hub